Trust property sales: who needs the CGT clearance certificate?

14/02/2026/linkcreative/

If the property you’re selling is “in a trust”, the clearance certificate does not get issued to the trust.

It gets issued to the vendor on title, which is usually the trustee (or a nominee). The key is making sure the certificate matches the exact vendor details on the contract.

The key rule for trusts

The trust does not apply for the certificate.

The trustee applies, because the trustee is usually the legal owner on title. Trustees can be individuals or companies.

How many certificates do you need?

In most cases, you need 1 certificate per vendor listed on the contract.

  • 1 trustee listed as vendor = 1 certificate
  • 2 trustees listed as vendors = 2 certificates (each trustee applies separately)
  • Corporate trustee = the company applies (not the directors personally)
  • Joint owners = each owner needs their own certificate (including owners outside the trust)

Individual trustee vs company trustee

Apply using the entity type that matches the title holder.

  • Individual trustee: apply as an individual
  • Company trustee: apply as a company

If the vendor is a company, the certificate must be issued to the company name exactly as shown on the contract, including “Pty Ltd”.

Make sure the details match the contract

Clearance certificates are strict on matching details. Most settlement issues are simple mismatches.

Check that:

  • the vendor name matches the contract (including spelling and punctuation)
  • any “as trustee for …” wording is consistent with the vendor name on the contract
  • ABN/ACN details are correct where relevant
  • any trustee changes have been reflected correctly in the contract

Apply early

Apply as early as possible once a sale is planned.

From 1 January 2025, the withholding rules apply to all property sales and withholding can be up to 15% if a valid clearance certificate is not provided at settlement.

Common trust mistakes

  • Applying in the trust name instead of the trustee name
  • Only applying for 1 trustee when there are multiple trustees
  • Selecting the wrong entity type (individual vs company)
  • Vendor details in the application do not match the contract exactly
  • Trustee changed, but the selling entity on the contract is still incorrect

How CGT Clearance can help

CGT Clearance helps trust sellers get the right certificate, under the right name, with the right entity type, in time for settlement.

We can help by:

  • confirming the correct vendor entity (trustee/nominee)
  • confirming how many certificates are required
  • preparing and lodging the application as your authorised tax agent
  • keeping you updated and providing the certificate as soon as it is issued

Click here to apply for your CGT Clearance Certificate now.

Disclaimer: This information is general in nature and is not tax, legal, financial or accounting advice. It does not take into account your personal circumstances. You should seek independent advice if you are unsure how the rules apply to you.

CGT Clearance is a Tax Practitioners Board registered tax agent and can prepare and lodge clearance certificate applications based on the information you provide and your authority for us to act. Clearance certificates are issued by the Australian Taxation Office and processing times and outcomes can vary. While we take care to prepare applications accurately, we cannot guarantee processing timeframes or approval.

Nothing in this disclaimer limits any rights you may have under the Australian Consumer Law.